At a s 7A hearing under the Defamation Act 1974 (NSW), the jury's task is limited to determining whether the matter complained of carries the imputation and whether the imputation is defamatory. It is generally irrelevant whether the publisher intended to make the imputation or endorsed it, and the truth or falsity of the imputation is not a matter for the jury at this stage. Counsel's address to the jury must not invite consideration of these irrelevant matters, and a trial judge has discretion to discharge the jury where counsel's address has caused confusion that cannot be corrected by further directions.
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